APPELLATE PRACTICE — Suo Motu Decision — Raising Issues Not Pleaded — Duty to Hear Parties
Ratio Decidendi
Per Ogbuagu, JSC, in Ogundele & Anor v. Agiri (2009) NLC-123-134-2004(SC) at pp. 21–22; Paras D–A:
"It has been stated and restated by this Court in a legion of decided authorities, that a court should and ought not to raise suo motu, an issue or issues (although it has a discretion to so do) without inviting the parties or their counsel, to address it on such issue or issues."
Explanation / Scope
This principle establishes that a court should not raise issues suo motu without inviting parties to address it on such issues. Although the court has discretion to raise issues, it must give parties an opportunity to be heard. The principle applies where a court considers an issue not pleaded by the parties. It ensures fair hearing and prevents surprise. The principle reflects the adversarial nature of proceedings. It protects parties’ right to be heard on all issues. The court must give notice and allow submissions. The principle provides guidance on the proper exercise of judicial discretion. It ensures that parties are not ambushed by unpleaded issues.